LALLU AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal against the judgment dated 20.04.2001 passed by IVth Additional Sessions Judge, Gwalior in Sessions Trial No.115/1988, whereby the appellant Lallu has been convicted of offence under Sections 302 of IPC and sentenced to life imprisonment with fine of Rs.10000/-. The appellant Gutti @ Ramnath has been convicted of offence under Section 307 of IPC and sentenced to five years' rigorous imprisonment with fine of Rs.5000/- and the appellant Shiromani has been convicted of offence under Section 323 of sentenced with fine of Rs.1000/-.

(2.) Prosecution's case, in short, is that Mangli is the resident of village Chhan District Datia had purchased a land of 15 biswa from Gotiram in the name of his sons Devisingh, Daulat and Sumant. This land was joint holding. Five days prior to 30.07.1987 Khuman Singh, brother of Mangli and his family members had ploughed the land. On 30.7.1987 at about 10 AM when Khuman Singh went to the field, he saw that Shiromani, Gutti and Lallu were sowing the land belonging to his brother Mangli. When he objected, they abused and chased him away, he went to his house and informed his son Dashrath and nephew Sumant. At about 11 AM Shiromani, Gutti and Lallu returned to their house after sowing the land. Thereafter when they came out with Bakhar, at that time Sumant and Dashrath told them that if they had told earlier they would not have ploughed the land. The appellant Lallu abused and told them to teach a lesson and then the appellant Gutti drew a line on the road. In the meantime, the appellant Lallu carried a double barrel gun of his father and fired towards Sumant which hit Sumant at his right thigh and he fell down. The appellant Lallu again fired which hit Khuman Singh on the finger of his left hand. The appellant Gutti dealt two farsa blows which hit at the back side of the head of Khuman. When Dashrath came to save them, the appellant Shiromani dealt a farsa blow which hit on the thumb of his left hand. Thereafter, the accused persons left the scene. Khuman Singh and Dashrath took Sumant to Police Station Indargarh, District Datia where Khuman Singh lodged F.I.R. Ex.P2. Since the place of incident is in the territorial jurisdiction of Police Station Gondan, the said F.I.R. was sent to the Police Station Gondan, where offence under Sections 302 and 307/34 at Crime No.38/87 was registered against the appellants.

(3.) During the investigation, the police recorded the statements of the witnesses under Section 161 of CrPC, in which it appears that accused Matadeen and Dhanaram were also accompanied with the present appellants Lallu, Shiromani and Gutti, armed with Danda and Jera, respectively, therefore, they were also included as accused. Injured Dashrath and Khuman were sent to Primary Health Centre Indargarh for treatment where they were examined by Dr. Ajay Kumar Pathak. On the same day, the dying declaration of injured Sumant (Ex.P- 32) was recorded by Dr. Ajay Kumar Pathak and during the recording of the statement Sumant succumbed to the injuries. The information regarding his death was sent to Police Station Indargarh. On 31.07.87 'Lash Punchnama' was prepared. Then Dr. G.L. Verma (PW-22) conducted post-mortem on the body of the deceased Sumant and he gave a report Ex.P-34. He found entry wound on the right thigh of the deceased due to which femur bone was broken and exit wound was also present. According to him, deceased died due to profuse bleeding and the death of the deceased Sumant was homicidal.